Criminal Justice News

Friday, November 20, 2015

BAKERSFIELD, CA—Damacio Diaz, 43, of McFarland, a detective
with the Bakersfield Police Department (BPD) was arrested today, charged with
abusing his position of trust as a police detective when he conspired with and
assisted a narcotics dealer in the operation of the dealer’s drug organization,
announced United States Attorney Benjamin B. Wagner, FBI Special Agent in
Charge Monica M. Miller, DEA Special Agent in Charge John J. Martin, IRS-CI
Acting Special Agent in Charge Thomas McMahon, and Bakersfield Police Chief
Greg Williamson. The charges are contained in a 16-count indictment returned by
a federal grand jury yesterday.

The indictment charges that Diaz, in exchange for bribes
from the dealer, provided the dealer with intelligence on law enforcement
practices and activities, disclosed the names and identities of police
informants, tipped the dealer off as to police investigations, and attempted to
provide the dealer protection from search, seizure, arrest and prosecution. The
indictment also charges Diaz with bribery, retaining seized narcotics on
multiple occasions for his own unlawful gain, disclosing contents of a wiretap
investigation, and two counts of filing false tax returns.

Detective Diaz has been on paid administrative leave from
the Bakersfield Police Department since this investigation was initiated. He is
scheduled to be arraigned today at 2:30 p.m. in Bakersfield before U.S.
Magistrate Judge Jennifer L. Thurston.

U.S. Attorney Wagner stated: “When a police officer misuses
his badge to commit crimes for personal profit, it is the ultimate betrayal of
public trust. While it is a sad day for the Bakersfield Police Department, the
department should be proud of the outstanding work it has done, together with
the FBI, DEA, and IRS-CI, effectively investigating this case over the last few
months.”

“No one is above the law. The alleged criminal activity put
law enforcement officers at grave risk and significantly undermines public
trust in law enforcement,” said Special Agent in Charge Monica M. Miller of the
Federal Bureau of Investigation, Sacramento Field Office. “The FBI is committed
to working with its enforcement partners to root out officers who have abused
their trusted role, and we thank the Bakersfield Police Department, DEA, and
IRS for their assistance with this extensive investigation.”

DEA Special Agent in Charge John J. Martin stated, “The
criminal behavior alleged in this case is reprehensible. Officers take an oath
to protect, serve and uphold the law. Actions like those alleged in the
indictment shatter that promise and threaten the safety of fellow officers and
the communities we are sworn to protect. DEA is proud to partner with the many
law enforcement officers and agencies that won’t stand for criminal conduct
within the ranks.”

“Law enforcement officers are held to a higher standard”,
said Acting Special Agent in Charge, Thomas McMahon, IRS Criminal
Investigation. “Having knowledge of the laws, there is an even greater
expectation to follow those laws. When individuals working in an official capacity
violate the trust of their communities by abusing that power, they undermine
the hard work of the entire law enforcement community.”

“I am deeply disappointed by the indictment and arrest of
Bakersfield Police Detective Damacio Diaz,” said Bakersfield police Chief Greg
Williamson. “The behavior and criminal activity stated in the indictment is not
reflective of the commitment and awesome public service the over 500 employees
of the Bakersfield Police Department provide to our community on a consistent basis.
Detectives from the department’s investigative and internal administrative
divisions have worked side by side with the FBI and the U.S. Attorney’s office
during the entirety of this investigation. I am proud of their work and
diligence in first bringing this case forward and seeing it through to
completion.”

According to count one of the indictment, from April 18,
2012, to February 20, 2015, Diaz conspired with a narcotics dealer to
distribute methamphetamine. Counts two through four charge Diaz with accepting
over $5,000 in bribes in each calendar year of 2012, 2013 and 2014 in return
for being influenced and rewarded in connection with his official acts as a BPD
police detective. Counts five through 13 charge Diaz with possession with
intent to distribute methamphetamine, wherein, Diaz retained methamphetamine
for his own personal gain that came into his care and control in the course of
his duties as a BPD narcotics detective. Count 14 charges Diaz with the
intentional disclosure of wiretap information in order to obstruct, impede or
interfere with a criminal investigation. The indictment also alleges that Diaz
filed false tax returns for tax years 2012 and 2013.

This case is the product of an investigation by the Federal
Bureau of Investigation, the Drug Enforcement Administration, the Internal
Revenue Service-Criminal Investigation, and the Bakersfield Police Department.
Assistant United States Attorneys Brian K. Delaney and Angela Scott are
prosecuting the case.

If convicted of the charges in the indictment, Diaz faces a
maximum statutory penalty of life in prison for the conspiracy, 10 years in
prison for each count of bribery, 20 years in prison to life for possession of
methamphetamine with intent to distribute, five years in prison for each count
of intentional disclosure of wiretap information, and three years in prison for
each count of making a false income tax return. Any sentence, however, would be
determined at the discretion of the court after consideration of any applicable
statutory factors and the Federal Sentencing Guidelines, which take into
account a number of variables. The charges are only allegations; the defendant
is presumed innocent until and unless proven guilty beyond a reasonable doubt.